Reply to Jason Lewis who killed Karon Blake convicted of manslaughter

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This is probably the right outcome.  On the news last night they said that Lewis had been shot at first, so I thought it was a no-brainer that he was within his rights to return fire.  But this report makes it sound like the gunshot was a fabrication at trial with no support or evidence (he never mentioned it to dispatch or the police, or anyone until he got on the stand).  If I were on the jury I probably would have come to the same conclusion - didn't act with malice aforethought but the shooting was intentional and illegal.[/quote]

Legally, I'm not sure it makes sense.  Either self defense applies or it doesn't.  And if self defense doesn't apply, then why not second degree?  He shot at the kid.  The gun didn't go off by itself, he didn't shoot into the sky.  And the kid was running towards him, the police confirmed that.[/quote]

You're confusing elements of the crimes (2nd degree murder vs. manslaughter) with defense to the charges (self defense).  Self defense clearly did *not* apply or he would not have been convicted of either.  Someone running toward you doesn't excuse deadly force.  If the jury believed he had been shot at by the person in the car, he would likely have been excused but that seems not to have been a convincing argument since he changed his story at the last minute.  The jury found that the crime rose to the level of manslaughter (unlawful, intentional shooting) but not 2d degree murder (malice aforethought).  [/quote]

I wasn't confusing elements, I was writing about both.  Self defense seems reasonable here.  The kid was running towards him and when the kid got to him, realistically, what was the kid going to do? Ask for a cup of sugar?  But if self defense did not apply, as apparently the jury found it did not, then the facts support 2nd degree.  He shot at the kid, intending to hit him and stop him.  This wasn't like Rust where there was no intention to shoot.  It seems like the jury was mad that the kid died but sympathetic towards the homeowner so they split the difference  and picked the lesser of the two charges.  That may be emotionally satisfying but it doesn't feel like justice.[/quote]

Perhaps the jury was concerned that the video from Lewis’ surveillance camera was missing data? [/quote]

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